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(영문) 서울동부지방법원 2015.03.26 2014가합108902
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 150,000,000 on the Plaintiff and as a result, from February 6, 2011 to June 26, 201.

Reasons

1. On November 27, 2009, the Plaintiff, a credit service provider registered pursuant to the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), entered into a monetary loan agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”), whereby the Plaintiff would pay 250 million won to the Defendant Company due date, 27 December 27, 2009, interest rate of 48% per annum, and overdue interest rate of 49% per annum. Under the agreement with the Defendant Company, the Plaintiff first lent KRW 150 million out of the above amount.

Defendant C, D, E, and F have jointly and severally guaranteed the principal and interest obligation of the Defendant Company to the Plaintiff at the time the said contract was concluded.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff the above borrowed principal of KRW 150 million and damages for delay from February 6, 201, which is the day following the last payment date of the interest of the defendant company.

2. Applicable legal provisions;

A. Defendant Company, Defendant C, D, and E: Article 208(3)3 of the Civil Procedure Act (a)

(b) Defendant F: Article 208(3)2 of the Civil Procedure Act (Article 208(3)2 of the Civil Procedure Act)

3. The Plaintiff’s ground for partial dismissal is that 44% per annum from February 6, 2011 to the date of full payment. However, since Article 8(1) of the Credit Business Act and Article 5(2) of the Enforcement Decree of the same Act are amended several times after the conclusion of the instant monetary loan agreement, the Plaintiff’s claim for 44% per annum from February 6, 2011 to June 26, 201, and 39% per annum from June 27, 2011 (Article 3 of the Addenda of the Credit Business Act amended by Act No. 9970, Jan. 25, 2010) provides that the interest rate on all the loan agreements established prior to the enforcement of the amended Act shall apply since Article 3 of the Addenda of the Credit Business Act provides that the interest rate applied from the loan agreements concluded or renewed after the enforcement of the Enforcement Decree shall be null and void as prescribed by Presidential Decree No. 2191, Jul. 21, 2010>

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